DLA Piper UK LLP v Henshaws Farming LLP & Ors

DLA Piper UK LLP v Henshaws Farming LLP & Ors

The court found that the issues of deliberate concealment and reasonable diligence under section 32 of the Limitation Act 1980 are inherently fact-sensitive and unsuitable for summary determination. The assignment to DLA Piper is not clearly invalid for maintenance, champerty, or breach of solicitor rules, as DLA had terminated its retainer and proceedings had not commenced at the time of assignment. The applications to strike out and for summary judgment are dismissed as DLA Piper has a real prospect of success and the issues require trial.

Parties
Claimant: DLA Piper UK LLP; Defendant: Henshaws Farming LLP; Defendant: Benjamin Dean; Defendant: Stuart Michael Melia; Defendant: Lisa Henshaw; Defendant: Lee Henshaw; Defendant: James Alfred Davidson; Defendant: Myerson Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2025
Procedural Posture
Civil / Ruling on Applications to Strike Out And/or Summary Judgment
Outcome
Applications to strike out and for summary judgment dismissed.
Legal Topics
Limitation of Actions, Assignment of Claims, Maintenance and Champerty, Solicitor Client Relationship, Breach of Trust, Conspiracy by Unlawful Means
Civil Procedure Trusts and Estates Contract Law Limitation of Actions Assignment of Claims Maintenance and Champerty Solicitor Client Relationship Breach of Trust +1 more

Case Brief

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Parties

DLA Piper UK LLP

Claimant

Henshaws Farming LLP

Defendant

Benjamin Dean

Defendant

Stuart Michael Melia

Defendant

Lisa Henshaw

Defendant

Lee Henshaw

Defendant

James Alfred Davidson

Defendant

Myerson Trust Corporation Limited

Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim is barred by limitation under the Limitation Act 1980
  2. 2 Whether the assignment to DLA Piper is unenforceable due to maintenance and/or champerty
  3. 3 Whether the assignment contravenes the solicitor rule prohibiting assignment of causes of action to solicitors

Ratio Decidendi

The court found that the issues of deliberate concealment and reasonable diligence under section 32 of the Limitation Act 1980 are inherently fact-sensitive and unsuitable for summary determination. The assignment to DLA Piper is not clearly invalid for maintenance, champerty, or breach of solicitor rules, as DLA had terminated its retainer and proceedings had not commenced at the time of assignment. The applications to strike out and for summary judgment are dismissed as DLA Piper has a real prospect of success and the issues require trial.

Court Disposition

Applications to strike out and for summary judgment dismissed.

Orders

  • Defendants' applications to strike out the claim and/or for summary judgment are dismissed.
  • The claim proceeds to trial.